By accessing or using any of the SAKSHAM (“SAKSHAM”) online facilities including, without limitation, www.sakshamkids.org, mobile applications, social media sites and any other digital services or facilities operated or used by SAKSHAM from time to time (collectively referred to as the “Sites”), you agree to comply with and be bound by these Terms of Use (“Terms of Use”).

Please read these Terms of Use carefully as well as the Privacy Policy. If you do not agree to the Terms of Use or Privacy Policy, you must immediately terminate the use of the Sites. Subject to the Terms of Use, SAKSHAM allows you to only access and makes personal non-commercial use of the Sites.

This Terms of Use constitute an electronic contract between [SAKSHAM], a Trust with its registered office at Nithari sector 31, Near IMA house sector 31 (rotary blood bank), Noida (Gautam Buddha Nagar) U.P 201301 (“SAKSHAM”) and you. The terms “you” and “your” in uppercase or lowercase shall mean the user of the Site.

SAKSHAM reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites.

Donation

SAKSHAM reserves the right, to receive donations from any Indian Citizen who is eligible to make donations to a Trust. SAKSHAM is the sole proprietor of any such donation and the donors cannot claim a refund for such donations made through the website/third-party payment gateway. Donations do not guarantee the donor to access any part of the website. Donors shall not have any claim on the contents of the website.  

SAKSHAM reserves the right to revise the Subscription Fee/Membership Fee from time to time. SAKSHAM, at its sole discretion, may allow you to renew the subscription/membership after You may be allowed to renew the subscription after the expiry of the Subscription Period, upon payment of the Subscription Fee prevalent at the time of renewal.

Registration

You may be required to fill in the required fields to donate/subscribe. You will be also required to provide certain information, during the registration process. You warranty that such information provided by you during the registration process is true, accurate, current, authorized, and complete in all aspects. If there is any change in the information provided by you, you shall update the same.

Proprietary Rights

The contents of the Sites including, without limitation, (i) SAKSHAM’s trademarks, service marks, logos, brand names, trade names and other distinctive identification; and (ii) information, data, texts, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Contents”). The Contents are the property of SAKSHAM or its licensors and are protected under Indian laws including laws relating to copyright, trademark and other intellectual property rights. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Contents in whole or in part. With respect to Contents that are judgments, orders, laws, regulations or articles, you may copy and download them for your personal and non-commercial use only, provided that you maintain all copyright and other notices contained therein.

User Obligations

You warrant that you shall not:

1. violate any applicable local, state and central laws and regulations while using the Site.
2. provide in-complete, inaccurate, untrue or unauthorized information while submitting any information to the Site.
3. impersonate any person or entity, real or fictitious, while using the Site;
4. interfere with the use of the Site by others or interfere with the operation of the Site;
5. use the Site in any manner which unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racial or otherwise objectionable;
6. upload, post or otherwise make available in the Site any material, which infringe any third party intellectual property rights;
7. unless otherwise permitted, use the Site for any promotional activities or advertisement purpose or to send unsolicited commination (including spams, bulk mails, messages, etc) ; and
8. upload, download, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Disclaimer

The Site and Contents are provided on “As is” and “As available” basis for information purposes. They do not constitute advice and should not be relied upon in making any decision. SAKSHAM does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

The Site may contain links to third-party websites, resources, and advertisers (collectively, “Third Party Content”). SAKSHAM does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Third Party Content.

Certain parts of the Site may contain material submitted by users. SAKSHAM accepts no responsibility for the content, accuracy and conformity to applicable laws of such material.

SAKSHAM does not warrant that the Content will remain unchanged or accessible on the Sites. SAKSHAM reserves the right to alter, modify, discontinue or remove any Contents without notice.

SAKSHAM does not make any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (I) the Sites or any Contents are complete, accurate, reliable or non-infringing; (ii) access to the Site will be uninterrupted, timely, secure, or error-free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations. All warranties express or implied are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non- infringement of intellectual property.

Data Protection and Privacy Policy

SAKSHAM may send information and offer products and services to you from time to time. For information about SAKSHAM’s data protection practices and SAKSHAM’s use and protection of your personal information, please read SAKSHAM’s Privacy Policy, which is incorporated into and made a part of these Terms of Use.

Notwithstanding the foregoing, SAKSHAM reserves the right to disclose any information submitted or collected from you in connection with any governmental, administrative, regulatory or judicial proceeding or as may be required under any law or regulation applicable to SAKSHAM.

Termination

SAKSHAM may, in its sole discretion, terminate or suspend your access to all or part of the Sites for any reason, including, without limitation, breach of any of the conditions of these Terms of Use.

Governing Laws and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of India. In the event of any dispute between the parties, such dispute shall be settled through arbitration through a single arbitrator appointed by SAKSHAM in accordance with Arbitration & Conciliation Act of 1996 or any amendment or replacement thereof. The seat of arbitration shall be at New Delhi and the language of arbitration shall be in English. Any award rendered pursuant to such arbitration shall be final and conclusive.

Subject to aforesaid, courts in New Delhi shall have jurisdiction over this Terms of Use.

Notice of Copyright Infringement

If you believe that any Content on the Site has been copied in a way that constitutes copyright infringement, please intimate use immediately with clear description of the copyrighted work that you claim has been infringed to the following address:

Nithari sector 31, Near IMA house sector 31 (rotary blood bank), Noida (Gautam Buddha Nagar) U.P 201301.

Email: infoatsakshamkids@gmail.com

Miscellaneous

1. Our failure to enforce any provision of these Terms of Use or to respond to a breach by you shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
2. Nothing in Terms of Use shall constitute any partnership or agency relationship between SAKSHAM and you.
3. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.
4. SAKSHAM  shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
5. SAKSHAM makes no claims regarding access or use of the Site Content outside India. If you use or access the Sites or Content outside India, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

By signing up at SAKSHAM, you are giving us consent and agreeing to the terms that SAKSHAM can reach out to you via a telephone call, WhatsApp and Facebook messenger, SMS and email. These communications will be both transactional and promotional in nature.